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Thursday April 25, 2024

Separation of powers

February 23, 2018

The ruling party has planned to call a debate and discuss the role of the judiciary. The debate shouldn’t be person-centric. It should not curtail the powers of the judiciary and make parliament supreme solely to allow Nawaz Sharif to become eligible for holding public office. National interests ought to supersede the vested interests. Conversely, the Supreme Court is one of the main pillars of the state. The theory of the separation of powers should be understood by our institutions.

Every institution should keep a check on the other institution, as is the case in the US where the Supreme Court keeps a check on the Congress and the president. No law can be made ultra vires to the constitution and the judiciary does not indulge in politics. The president keeps a check on congressmen and may exercise his veto power on some legislation. Similarly, the Congress keeps a check on the judiciary. No institution in the US works beyond its powers. The same model should be used in Pakistan, as it would be fruitful for the country.

Waqar Umar Memon

Karachi